GR 247970; (July, 2021) (Digest)
G.R. No. 247970 , July 14, 2021
DIONESIO PETIPIT, JR., PETITIONER, VS. CROSSWORLD MARINE SERVICES, INC., AND/OR IASON HELLENIC SHIPPING COMPANY, LTD., AND/OR ROMANCITO A. MENDOZA, RESPONDENTS.
FACTS
Petitioner Dionesio Petipit, Jr., a 52-year-old oiler, was employed by respondents under a contract governed by the 2010 POEA-SEC. He was declared “fit for sea duty” after a pre-employment medical examination. On June 28, 2014, while on board the vessel, he experienced hypogastric pain and difficulty urinating after helping pull out heavy pistons to overhaul the engine. His condition worsened, leading to his repatriation on July 8, 2014. The company-designated physician diagnosed him with Prostate Enlargement on July 11, 2014, assessed it as pre-existing and not work-related, and respondents refused to shoulder surgery costs. Petitioner filed a complaint for total and permanent disability benefits. The Labor Arbiter and the NLRC dismissed the complaint, upholding the company doctor’s assessment. The Court of Appeals affirmed, ruling the employer successfully proved the illness was contracted outside work.
ISSUE
Whether petitioner’s Prostate Enlargement is work-related and compensable, thereby entitling him to disability benefits.
RULING
Yes. The Supreme Court granted the petition. The disputable presumption under Section 20(A)(4) of the 2010 POEA-SEC that an illness occurring during the contract is work-related applies, as petitioner’s illness manifested during the voyage and is not listed under Section 32. The employer failed to overcome this presumption. The company-designated physician’s assessment was insufficient, merely stating the illness was not work-related because it is not listed and is linked to age and hormones, without explaining how the specific working conditions did not cause or aggravate it. The assessment lacked the required basis of symptoms, medically acceptable diagnostic tools, and reasonable professional inferences. Furthermore, petitioner’s disability is deemed total and permanent as he was unable to work for more than 240 days since repatriation. Respondents are jointly and severally liable to pay petitioner US$60,000 as disability benefits, moral damages, exemplary damages, and attorney’s fees.